Is Internet a neutral space?

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Types of digital gender violence

Types of Aggressors

Digital Rights

Effects of online violence

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Text messaged offered as part of the reports on Belén's mobile phone.


**This case has the power to shape our understanding of gender based online violence and bring to light the lack of access to justice in Paraguay.**

Belén Whittingslow reported Cristian Kriskovich, her professor the Catholic University of Asunción, for sexual harassment through digital means. 

Cristian Kriskovich is not only representative of the University before the Council of the Judiciary (central authority in the designation and appointment of judges and prosecutors [1]), but also serves in the Jury for the Prosecution of Magistrates (authority with power to sanction magistrates and prosecutors [2]).

Belén's case was dismissed and she was forced, under the circumstances, to seek asylum in Uruguay after being prosecuted under false allegations.

*[1] Article 264 of the National Constitution of Paraguay.*

*[2] Article 11 of Law No. 3759/2009.*
    

Belén Whittingslow case

Visualization of court proceedings

This section presents the judicial procedures of the three files that have been mentioned in the previous section. By clicking you can access the documents presented by the defense of Belén as well as the sentences.

File a complaint

Invetigative Report override

Denial of complaint

Imputation of Belén

Confirm dismissal

Accusation against Belén

Demand compensation

Mobile phone report exclusion

Dismisses nullity

Capture warrant against Belén

Case is presented to the IACHR

The IACHR system registers the case in the registration section and notifies the Paraguayan State to present its observations. At this stage, the Commission will analyze whether or not the case is admissible in Court

Chaining action of Belen's Mother against the Judiciary

Unconstitutionality action admissibility by the Supreme Court

Request for transfer and notification of the admissibility of the action of unconstitutionality to the Prosecutor General's Office

The Prosecutor General's Office requests an interruption of the deadline to reply to the unconstitutionality action

Unconstitutional declaration

Visit from Vatican envoy

Censorship of publication on sexist violence on the internet 

Court revokes sentence that censured TEDIC

Find out more about the cases of digital gender violence that TEDIC has accompanied.

Do you want to know more about digital gender violence?

La Violencia Digital es Real

Enterate más sobre los casos de violencia de género digital que TEDIC ha acompañado.

¿Querés saber más sobre la violencia de género digital?

Digital Violence is Real

Women participated in the group sessions and answered the questions.

Gender violence on the Internet in Paraguay

Results of polls carried out at the end of the sessions.

United we are stronger to resist on the Internet!

WHAT IS GENDER VIOLENCE?


This section presents the judicial procedures of the three files that have been mentioned in the previous section. By clicking on any entry you can access the documents presented by the Belén's legal team as well as the sentences.
    

Cristian Kriskovich makes an affidavit before a notary public, embodied in public deed no. 21 dated September 6, 2014, where he declared being aware of the fact that Belén was going to accuse him of sexual harassment and acknowledged the exchange of messages but questioned their scope. Moreover, he refers to Belén as his "pupil".

Kriskovich makes a sworn statement.

Resolution no. 99.

Belén files a formal complaint of sexual harassment against Cristian Kriskovich before the Public Ministry.

Asexual harassment complaint is filed before the Public Ministry

A procedure to oppose the dismissal is addressed to judge Julián López at the appellate court no. 12.

brief presented by the plaintiff

An expertise is requested on the cellphones of Belén and Mr. Kriskovich and points of expertise are presented where certain messages sent from Mr. Kriskovich's cellphone are highlighted, as well as messages sent by Belén reflecting her opposition and nuisance.

Brief submitted by Belén requesting that a date be set for the expertise of cellphone records and an expert witness be appointed.

The plaintiff alleges influence peddling and revictimization of Belén. As a consequence, the investigation was transferred to prosecutor Rodolfo Centurión, District Attorney’s Office Unit No. 2, Asunción

Complaint brief against prosecutor Liz Nadine Portillo addressed to the Inspectorate of the Public Ministry.

Approval of the expertise dictated by prosecutor Centurion, where the analysis of the cellphones is confirmed, stating in point 3 that the extraction of WhatsApp messages covers the years 2013 and 2014

Resolution no. 6/15.

Brief requesting the data extraction from K's cellphone, proposing points of expertise and appointment of expert witnesses

Plaintiff’s brief

Approval of the execution of digital expertise. Prosecutor Centurión agreed with the proposed points of expertise, dates were set for the appointment of the expert witness (04/24/15) and the delivery of the mobile device (04/27/15)

Resolution no.8/15

New request for the delivery of the mobile device of Mr. Kriskovich for conducting the expertise

Plaintiff’s brief.

Request for the expertise of cellphones to be called off. Attached to that brief is an authenticated copy of Public Deed dated 9/6/14, claiming that the results of the technical expertise ordered by the Prosecutor's Office would be *superabundant*, since the existence of the messages is not contested by the defense.

Brief presented by Kriskovich’s defense.

Request to add instruments and request a hearing with the State Attorney General Javier Diaz Verón

The expertise is called off, alleging that based on the brief submitted by the defense the performance of the technical expertise is unnecessary.

Resolution no. 9/15

The prosecutor presents a request for dismissal of the case on the grounds of not considering the denounced behaviors as punishable.

Motion to dismiss.

Request approved and dossier sent to the General Prosecutor's Office in order for it to ratify or rectify the request for dismissal presented by the prosecutor.

A.I. no. 351

New request for a hearing with the Attorney General

Ratifies the request to dismiss the complaint and file the case, qualifying the denounced events as “flirting or courtship”. In the resolution he emphasized that there was no teacher-student link at the time of the exchange of messages, ignoring the statement made by Mr. Kriskovich in a public deed, where he refers to Belén as “his pupil”. He recognizes the probative value of the copies of the messages provided by Belén but denies the existence of sexual harassment because he considers the exchange as being consensual, without mentioning or analyzing the various manifestations of refusal present in those messages, and completely dismissing the value of everything declared by Belén in her testimonial statements and in the different writings provided during the process.

Brief of deputy prosecutor Jorge Sosa.

A.I. no. 423

Is accused of the punishable acts of “Production of non-authentic document” and “Alteration of data relevant to the test”. Four months of investigation are required.

Bill of indictment against Belén presented by prosecutor Claudia Morys.

The Public Ministry presents an accusation against Belén, without providing concrete evidence. The prosecutor bases the accusation against Belén on an expert report made on the basis of a DVD provided by the UCA, which was part of the Final Audit Report carried out by the Audit Commission of the Faculty of Legal and Diplomatic Sciences. The objective was to review the minutes of Belén’s exams involved in the process, to determine if they had been modified. However, the expert report did not provide any evidentiary conclusion on this. On the contrary, it concluded that “it is not possible to determine user, date, time, load and modifications of the object of study ‘Web Server Minutes’ because it was carried out using a single generic user that is shared by the employees of the Secretariat who scanned and uploaded the transcripts to the web server. Furthermore, the web system did not record these operations in an audit log. These verifications must be carried out in the academic management system "AS400", where each employee logs into the system with a user account and password and loads/modifies the results data according to subject and student ID number”.

Filing of the accusation.

brief filed by Kriskovich's lawyers in order to promote a lawsuit for compensation for damages claiming the payment of 450,000 USD in concept of non-material damage arising as a result of “false statements” made against him which resulted in harm to his public image.

Complaint brief.

Requests the definitive dismissal, offers evidence and lodges the nullity incident of the accusation and exception for lack of action.

Defense brief.

Prosecutor Teresa Sosa ratifies accusation no. 23, dated December 11, 2015, and lodges an incident of Probationary Inclusion of testimonial and expert witnesses statements
(report of the company Mobile Cash, report of the company Vox, data records of two phone lines belonging to a student and to an administrative clerk). Furthermore, she 
requests that alternative measures to imprisonment be implemented (fixed address, prohibition of leaving the country or other personal or real caution that the court considers
pertinent). Belén’s defense attorney, Rodrigo Cuevas, states that there is no documentation in the file that supports the prosecutor’s intervention. He then requests that the 
incidents formulated in that same act be resolved in separate files to those corresponding to the resolution of establishing an oral and public trial. He indicates that the 
incidents present irregularities regarding the accusation, since the ruling for the accusation to be presented is in place but the defense has not been able to access the
dossier because it is not listed in the writ. Finally, he requests the unification of the preliminary hearings with those of the other defendants. The prosecutor states 
that she has been appointed by the State Attorney General and requests that the documentation be added to the dossier. She does not object to the request for 
unification of the preliminary hearings. The judge orders to add to the dossier resolution No. 562 dated 03/27/17, which endorses the status of prosecutor Teresa Sosa. 
He decides to deny the nullity incident of the accusation given that, although he admits that an error occurred in naming prosecutor Teresa Sosa as the one who requested 
the accusation, when it was Prosecutor Claudia Morys, said circumstance does not violate the right to defense of the defendant, who was duly notified. Regarding the Unification 
Incident, he decided to deny the request on the basis that the complaints against the defendants were made on different dates. The defendant files a Reconsideration and Appeal 
writ on the basis that the Public Ministry has not opposed the request to unify the preliminary hearings. Moreover, they request that authenticated copies of the resolutions 
rejecting the challenge presented against prosecutor Teresa Sosa be attached. The prosecutor expresses that a simple copy of the electronic notification of A.I. No. 562 has 
already been attached, whereby the dismissal request was not made. She further requests that the judge review his position regarding the unification of hearings. The judge 
decides not to allow the motion of reconsideration, stating that his decision is based on the procedures in the Criminal Procedure Code. The defense attorney requests that 
the judge refrain from continuing to participate in the case, alleging that he has a personal interest in it.

Preliminary hearing.

Belen's defense presents a brief in order to offer evidence. Among these: cellphone expert reports and expertise points (the same points provided in the sexual harassment case).

Evidence offering brief.

Brief presented by Kriskovich's lawyer where he opposes the expert evidence and objects to the points of expertise.

Opposition brief.

Was a member at that time of the Council of the Magistracy and of the Jury for the Prosecution of Magistrates. Testified by written testimony.

Testimony of Adrian Salas Coronel.

Was at that time Minister of Education and a former member of the Council of the Magistracy. Testified by written testimony.

Testimony of Enrique Riera.

Resolution by which the First Instance Judge Vivian López decided to exclude the points of expertise Nos. 1 to 60 (cellphone expertise) from those proposed by the defendant, admitting only the expertise report points regarding the publications or comments posted on the social media network Facebook. The judge argues that the evidence provided is not related to the disputed facts, declaring them superabundant since they have been previously treated in a criminal court.

A.I. no. 239.

Appeal filed by Mr. Kriskovich's lawyers.

Clarification appeal.

Resolves to partially allow the clarification appeal and consequently establish that the admitted expert evidence be presented jointly and in a single dossier by the three designated experts.

A.I. no. 313.

The Appeal Court of the Sixth District resolves to confirm Resolution No. 239 and its clarification (A.I. No. 318 dated June 29, 2018), and dismisses the lodged nullity motion. The Court bases its arguments on the fact that the expertise is “superfluous and superabundant”, since it had been debated in a criminal court.

A.I. no. 531.

Belen's defense presents a brief in order to file a complaint for serious irregularities against Kriskovich, Alberto Martinez Simón and Linneo Ynsfran, alleging influence peddling.

Belén’s lawyer presents a clarification appeal against A.I. no. 531, demanding that the Court clarify whether points 6 to 59 of the expert report had also been acknowledged by Kriskovich (these being the points of the expertise that highlighted the harassment messages).

Nullity writ and appeal.

Resolution requesting the resignation of Kriskovich by virtue of the complaints presented.

Senate Chamber Resolution.

Resolution by means of which she states the declaration of default against Belén, Victor Oviedo and Leonard Chunf, and issues arrest orders. She also orders Belén’s defense attorneys to step down, stating that they must be dissociated from the Judisoft computer system which gives access to the dossier. Finally, she orders the interruption of the process. This ruling was never notified and this, added to the cancellation of the defense, prevented potential legal remedies from being filed. The declaration of default did not follow what is established in the legislation, since, of the specific causes allowing the use of this figure, the only one applicable to people who are not under arrest or detention measures is non-appearance. This does not apply to Belén, since she appeared in court every time she was summoned.

A.I. no. 625.

Belén’s defense presents a complaint to the Superintendency against judge Lici Sánchez for serious irregularities. The irregularities refer to the cancellation of legal status without having issued the corresponding notification.

Brief submitted by the defense through which they promote a claim of unconstitutionality and request the imposition of the precautionary measure of suspension of the effects of the appealed resolution.

Claim of unconstitutionality.

TEDIC and CEJIL will file a petition before the Inter-American Commission on Human Rights (IACHR) against the Paraguayan state for discrimination, lack of access to justice, and lack of judicial independence in the case of Belén Whittingslow.

CIDH petition.

Belén’s legal defense introduces for the ninth time the urgency to address the brief filed by the Defense in 2019 whereby it claims an act of unconstitutionality and requests the enforcement of the precautionary measure of suspension of the legal effects of the appealed resolution.

Beseechment for prompt delivery to the Supreme Court – number 9

Belén’s legal defense introduces for the tenth time the urgency to address the brief filed by the Defense in 2019 whereby it claims an act of unconstitutionality and requests the enforcement of the precautionary measure of suspension of the legal effects of the appealed resolution.

Beseechment for prompt delivery to the Supreme Court -  number 10

Mónica Cañete, Belén's mother, chained herself in front of the Judiciary, demanding the admissibility of the unconstitutionality action against the arrest warrant for her daughter carried out in 2019.

Chaining action of Belens Mother against the Judiciary

On December 29, 2022, the Court admitted the Unconstitutional action to analyze the arrest warrant against Belén and its unconstitutionality.

On January 6, the defence of Belén requested the authorisation of the judicial fair and that the transfer to the prosecutor's office of the admission of the unconstitutionality action of the Court be sent..

On January 11, Assistant Prosecutor Federico Espinoza, representing the State Attorney General's Office, requested an interruption of the term to answer the unconstitutionality action when the Supreme Court had not yet notified the unconstitutionality action for the prosecution to answer.

The Supreme Court of Justice declares unconstitutional the resolution that ordered the arrest warrant against Belén Whittingslow.

Envoys from the Vatican came to Paraguay to speak with the lawyers of Belén and her family. In this meeting, documentation was handed over regarding the persecution they are suffering from the Catholic University and Paraguayan Justice.

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